UNITED STATES v. KORNFELD

February 1, 1952

UNITED STATES
v.
KORNFELD

The opinion of the court was delivered by: WATSON

This suit was filed under Sections 1(b), 205(a) and 205(c) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, Sec. 901 et seq., and Section 206(b) of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, §§ 1881-1902.

Plaintiff seeks an injunction to enjoin Defendant from violating the Housing and Rent Act of 1947 and that Defendant make restitution to certain tenants alleged to have been charged more than the maximum legal rental. The Plaintiff does not seek to recover damages in this action, but requests that in those instances where restitution to the tenants is not appropriate or feasible, the sum be paid to the Plaintiff.

On the basis of the pleadings and the testimony, the Court makes the following special Findings of Facts:

1. At all times material hereto, the Defendant, Louis Kornfeld, was the landlord of controlled housing accommodations within the Scranton-Wilkes-Barre Defense Rental Area, as more fully described in subsequent findings of facts.

2. Until July 1, 1947, there was in effect the Emergency Price Control Act of 1942, as amended, and the Rent Regulation for Housing issued pursuant thereto, which said Act and Regulation established maximum rents for housing accommodations within the Scranton-Wilkes-Barre Defense Rental Area.

3. Since July 1, 1947, there was and still is in effect the Housing and Rent Act of 1947, as amended, and the Controlled Housing Rent Regulation issued pursuant thereto, which said Act and Regulation established maximum legal rents for housing accommodations within the Scranton-Wilkes-Barre Defense Rental Area.

4. The Court herein enumerates in separate findings of fact as to each dwelling unit, the tenant occupying same, the rental period in question, the maximum legal rent for the unit, the rent received from the tenant and the total amount of the overcharges.

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